ends to some
unfrequented spot as the Barnhill or Longman, and there had a fair open
set-to. No unfair advantage was permitted, and after a few rounds the
affair was over, and the parties became friends again, or the trial of
strength was adjourned to be renewed at some future period.
Unfortunately, however, for some of us boys if our then teacher got a
hint of what was going on, which, somehow or other, he invariably did,
then all concerned, both onlookers and combatants, got a good flogging
right round.
It will be observed that the Magistrates of those days, who then had far
more extensive powers than now, dealt in a very summary manner with the
murderer. The Heading-hill was the elevated part of Muirfield. Burt, a
century later, gives a graphic account of an execution he once witnessed
there:--
"Thou, John Williamson Skinner, art indicted for the cruel slaughter and
murder of the late Murdo M'Ay vic David Robe in Culloden, which you
committed yester-night, being the 24th of October instant, upon the
fields of Easter Dempster within this Burgh, after you being drinking in
William M'Andrew Roy, his house, boasted, and gave evil speeches to the
said late Murdo appealled (_i.e._, challenged) him to the singular
combat, and cut a quantity of straw and delivered the one-half thereof
to him, and put the other part thereof in your purse, which was found
with thee, whereupon you passed forth immediately out of the said house
and took thy sword and targe with thee and followed the said late Murdo
to the said field, where thou onbeset (set on) him, and with thy drawn
sword sticked and struck him in the belly, whereof he departed this
present life immediately thereafter, you being taken with red hand,
remain yet incarcerated therefor: Wherethrough you have not only
committed cruel murder and slaughter, but also been offering of singular
combat, express against his Majesty's Laws and Acts of Parliament, which
you cannot deny, and therefore you ought to die.
"That day the said John Williamson being accused on the said dittay in
judgment, by Finlay M'Ay vic David Robe and James M'Ay vic David Robe,
brothers to the said late Murdo, denied the same, therefore desired the
same to be remitted to the trial and cognition of an assize, as he who
was panelled, whereupon, &c.
"Names of the Assize--John Cuthbert of Auld Castle-hill, Chancellor;
James Waus; James Cuthbert, elder; William Robertson, elder; Alexander
Paterson; James Cu
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